What is the Uniform Premarital and Marital Agreements Act?
Let me explain the Uniform Premarital and Marital Agreements Act directly to you. Adopted by 26 states and drafted by the National Conference of Commissioners on Uniform State Laws in 1983, this act brings consistency to contracts between two parties entering marriage. It lets you and your partner choose which state's marital laws will apply to your prenuptial agreement.
Key Takeaways
Here's what you need to know about this act. It's a multi-state law that determines when and how prenuptial agreements get enforced. You can select which state's marriage laws cover aspects like property division and spousal support. Remember, it's only enforceable if everyone enters voluntarily, and removing spousal support can't leave the other party needing government assistance.
Understanding the Uniform Premarital and Marital Agreements Act
The act states that you should be free to set financial terms you both agree on, but with limits. It requires states to review agreements for minimal fairness based on the circumstances when signed. If an agreement puts one party in financial jeopardy, the state can refuse to enforce it. The act also covers burden of proof and when rights at divorce or death can be waived or changed.
Its goal is to give courts flexibility in family law rulings while assuring you that your premarital agreement will be enforceable and how. It focuses on both premarital and marital agreements, treating postnuptial ones with the same requirements. Be aware, though, that some states apply different standards, often stricter on postnups.
Prenups and the Uniform Premarital and Marital Agreements Act
Prenuptial agreements typically handle property division, spousal support, and child custody in case of divorce. They might also include asset forfeiture for adultery. Usually, the party with more to lose requests one, especially in community property states where each spouse gets half of marital assets.
You can choose any state where one party lives, plans to live, or where you'll marry for enforcement. But since not all states have adopted this act, you're limited to those that have. The big advantage in these states is their comprehensive provisions for issues like estate planning, property division, alimony, assets, and custody. In non-adopting states, rulings might be less predictable, often based on case law.
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